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(영문) 서울동부지방법원 2019.06.05 2018나28602
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person who stores and distributes the frozen fishery products, and the Defendant is a person who stores and repairs the freezing fishery products with the trade name “C”.

B. Around 2014, the Plaintiff leased and used the freezing of E Co., Ltd., Ltd., Ltd., Ltd., Ltd., and F leased and used the freezing of the Plaintiff’s freezing and side (hereinafter “Plaintiff’s freezing” and “F freezing”), and the Plaintiff’s freezing and freezing of freezing and F were connected to the same outdoor equipment (hereinafter “instant outdoor equipment”).

C. F, as the freezing was not operated, on October 29, 2014, the Defendant requested repair to the Defendant. On October 30, 2014, around October 30, 2014, the Defendant accepted the compact show installed inside the instant outdoor season.

피고는 F이 수리비 280만 원을 지급하지 않자 2014. 11. 7. 1차로 이 사건 실외기의 내부 전기선을 뽑은 후 F에게 ‘냉동고를 껐는데 수리비를 지급하면 바로 연결해 주겠다’라는 내용의 문자 메시지를 보내었고, F은 수리비를 지급할 테니 이 사건 실외기를 작동시켜 달라고 하였다.

On November 8, 2014, the Defendant confirmed that KRW 300,000 of the repair cost was deposited, and re-working the instant outdoor equipment.

E. Around that time, the Defendant called “F would, without paying the remainder of the repair cost by November 10, 2014, extract the electric power line of the instant outdoor machine at the time of the instant outdoor machine without taking the compact presses or not.” On November 10, 2014, F had to pay to the Defendant “on the other hand,” and on the same day, F would not make any contact with the Defendant without making any deposit of the repair cost. At around 19:00, the Defendant extracted the internal electric line of the instant outdoor machine at the time of the instant outdoor machine at the time of the instant outdoor machine at the end of 19:0 on the same day.

Accordingly, considerable amount of 980km food materials owned by the Plaintiff, which were kept in the freezing of the Plaintiff, connected to the instant outdoor aircraft, was decomposed.

F. The defendant is a freezing material of the plaintiff.

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